LAWS(MAD)-2010-6-389

DISTRICT COLLECTOR SOUTH ARCOT VALLALAR DISTRICT CUDDALORE Vs. G TAMILARASAN

Decided On June 14, 2010
DISTRICT COLLECTOR, SOUTH ARCOT VALLALAR DISTRICT, CUDDALORE Appellant
V/S
G. TAMILARASAN Respondents

JUDGEMENT

(1.) BOTH these appeals are at the instance of the owners of the lands comprised in R.S.No.18-17B to an extent of 0.29.0 hectares, R.S.No.17-8 to an extent of 0.33.0 hectare and R.S.No.17-10A to an extent of 0.08.0 hectares situated in Vakkur village, Chidambaram Taluk, South Arcot District. The above said lands are sought to be acquired under the provisions of Acquisition of lands for Harijan Welfare Schemes Act, 1978 (hereinafter referred as 'the Act'), by a notification dated 9.2.1996. Admittedly, the land is shown as Government wet land in the notification and the notification was issued in the name of the Additional District Collector, Cuddalore. The acquisition proceedings were culminated into a proceeding for issue of an award. That proceeding was questioned on the ground that the lands being agricultural lands, cannot be acquired under the Act and in any event, the Additional Collector has no power under the Act to acquire the said lands by issuing notice under section 4(2) of the Act.

(2.) BOTH the writ petitions were allowed by holding that under the provisions of Section 4(1), the District Collector alone is empowered to acquire the land, on he being satisfied for such acquisition and the satisfaction arrived by the Additional Collector and the consequential proceedings under section 4(1) is without jurisdiction. The above order is put in issue in these writ appeals.

(3.) AS the learned single Judge had dealt extensively only with the jurisdiction of the Additional Collector to issue notification and had not gone into the question as to whether the lands are agricultural lands or not, we are inclined to consider only the submission in respect of those findings relating to the jurisdiction of the Additional Collector to issue notification.